No. 18-5136

Francisco Illarramendi v. Securities and Exchange Commission, et al.

Lower Court: Second Circuit
Docketed: 2018-07-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: article-iii-standing civil-procedure civil-proceeding constitutional-liberty constitutional-property constitutional-property-rights constitutional-rights district-court inextricably-intertwined liberty-interests parallel-criminal-proceeding property-rights
Key Terms:
Securities JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Can Article III standing be denied to a defendant in a civil proceeding who objects to district court rulings that directly affect the defendant's constitutional property and liberty interests both via the civil proceeding itself and through a parallel, and inextricably intertwined criminal proceeding?

Question Presented (from Petition)

QUESTIONS PRESENTED The following questions are presented for the Court’s review: 1. Can Article III Standing be denied to a Defendant in a civil proceeding who ——___._._ objects to District Court Rulings that directly affect the Defendant’s constitutional property and liberty interests both via the civil proceeding itself and through a parallel, and inextricably intertwined criminal proceeding? 2. Can a District Court deny a Defendant in a civil proceeding the right to access and scrutiny of the evidence being used to erroneously justify civil and criminal monetary judgments and penalties against said Defendant as well as enhance the Defendant’s sentence of incarceration in a parallel, inextricably intertwined criminal proceeding? 3. Can courts ignore Circuit and Supreme Court precedents as well as the provisions of Fed. R. of Civ. P. 60, while perpetuating a manifest injustice to a Defendant’s constitutional rights by granting validity to Receivership claims which violate the principles of Unclean Hands and Jn Pari Delicto, _ and also United States Government policy towards one of the claimants? i moot, 4. Can courts rely on purposely misleading interpretations of fact or on outright lies made by a plaintiff or a third party to deny a Defendant standing based on procedural issues? | 5. Do Courts have an inherent duty to follow doctrine of this Court that has affirmed the Statute of Limitations boundaries on relief sought incivil actions by the Securities and Exchange Commission? ii LIST OF KEY PARTIES ' Francisco Illarramendi — Pro Se Defendant, Appellant and Petitioner at the various corresponding court levels. _ _ Securities and Exchange Commission (“SEC” or the “Plaintiff” or the ~ = =“ Corfimission”) = Plairitiff in the District Circuit Court level.:.__.-— Receiver, (the “Receiver”): Includes Mr. John Carney, Court-appointed Receiver in the District Court Case, as well as members of his team. Because this Petition refers to an Interlocutory Ruling of the District Court pursuant to a Motion by the Receiver, the Receiver is the Appellee in the Circuit Court proceedings. Petroleos de Venezuela, S.A. (““PDVSA”) — Oil Company, owned 100% by the Bolivarian Republic of Venezuela (“Venezuela”). As the entity is fully owned and financially consolidated with Venezuela and its officials act in concert with Venezuela’s Government Officials, the term is taken to mean either/or, or both together. [X] All

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-07-24
Waiver of right of respondent Securities and Exchange Commission to respond filed.
2018-07-10
Waiver of right of respondent John J. Carney, Receiver to respond filed.
2018-04-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)

Attorneys

Francisco Illarramendi
Francisco Illaramendi — Petitioner
Francisco Illaramendi — Petitioner
John J. Carney, Receiver
Jonathan B. NewBaker & Hostetler LLP, Respondent
Jonathan B. NewBaker & Hostetler LLP, Respondent
Securities and Exchange Commission
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent